Going for the Green: Social Equity in the Recreational Cannabis Industry

In the Summer of 2020 Americans marched in the streets to protest police brutality and the killing of George Floyd. Some activists point out that the disparate enforcement of the war on drugs frequently makes minorities a frequent target for police brutality. After decades of total war, the war on drugs is showing signs of drawing down as 11 states have legalized recreational cannabis. Nonetheless, as states legalize recreational cannabis rich white entrepreneurs enjoy a greater share of legalization’s economic benefits.

Seeking to remedy this problem, six states have enacted cannabis social equity laws that encourage the participation of individuals disparately impacted by the war on drugs in the growing recreational cannabis industry. Unfortunately, these laws present problems on both Constitutional and effectiveness grounds. To combat these problems, the author proposes a statute that encourages the participation of people impacted by the war on the drugs in the burgeoning recreational cannabis industry.